Case 2:12-md-02311-SFC-RSW ECF No. 2125-1, PageID.38550 Filed 03/10/21 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`IN RE: AUTOMOTIVE PARTS
`ANTITRUST LITIGATION
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`THIS DOCUMENT RELATES TO:
`ALL END-PAYOR ACTIONS
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`Master File No. 12-md-02311
`Honorable Sean F. Cox
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`DECLARATION OF EMMA K. BURTON IN SUPPORT OF CLAIMANTS’
`REPLY MEMORANDUM IN SUPPORT OF ACCEPTANCE OF POST-DEADLINE
`CLAIM SUBMISSIONS
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`
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`IN RE: AUTOMOTIVE PARTS
`ANTITRUST LITIGATION
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`
`
`THIS DOCUMENT RELATES TO:
`ALL END-PAYOR ACTIONS
`
`Master File No. 12-md-02311
`Honorable Sean F. Cox
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`DECLARATION OF EMMA K. BURTON IN SUPPORT OF CLAIMANTS’
`REPLY MEMORANDUM IN SUPPORT OF ACCEPTANCE OF POST-DEADLINE
`CLAIM SUBMISSIONS
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`Case 2:12-md-02311-SFC-RSW ECF No. 2125-1, PageID.38551 Filed 03/10/21 Page 2 of 4
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`I, Emma K. Burton, declare as follows.
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`1.
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`I am an attorney at Crowell & Moring LLP and am counsel for the 25 class
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`member claimants (“Claimants”) who move this Court to reject End Payor Plaintiffs’ (“EPPs”)
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`position denying post-deadline amendments filed by class members to timely filed claim forms
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`and to order such submissions processed by the claims administrator and accepted in the class
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`action settlements known as In re: Automotive Parts Antitrust Litigation, MDL No. 2311 (E.D.
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`Mich.). Through my representation of Claimants, I have information relating to their claims to
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`the End-Payor Settlements, and all of the statements in this Declaration are, unless otherwise
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`indicated, based upon my information and belief.
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`2.
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`During the relevant time period for the End-Payor Settlements, Claimants
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`together purchased and leased over 70,000 new vehicles containing component parts
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`manufactured and price fixed by Defendants, and incurred overcharges as a result of Defendants’
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`illegal conduct.
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`3.
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`Upon learning of their eligibility to participate in the End-Payor Settlements and
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`before the June 18, 2021, claim filing deadline, Claimants filed claim forms with the claims
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`administrator.
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`4.
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`Claimants then worked diligently and expeditiously to collect complete vehicle
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`information—including all VINs, identification of all makes, models, and model years, and all
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`dates of purchase or lease—for more than 70,000 vehicles purchased or leased over the nearly
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`30-year period relevant to the End-Payor Settlements.
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`5.
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`The majority of Claimants filed amendments with the claims administrator
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`containing complete information for all claimed vehicles within 1-2 weeks of the June 18, 2020,
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`claim filing deadline, and no more than 10 weeks for all Claimants as outlined below:
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`1
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`Case 2:12-md-02311-SFC-RSW ECF No. 2125-1, PageID.38552 Filed 03/10/21 Page 3 of 4
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`Claimant ID
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`10021066
`10016954
`10021511
`10021367
`10022382
`10022306
`1008522
`10025976
`10144572
`10145712
`10018601
`10020479
`10021397
`10144615
`10145653
`10150087
`10022845
`10022714
`10022611
`10022397
`10022648
`10021481
`10021053
`10172223
`10180444
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`Amended
`Submission Date
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`06/25/20
`06/30/20
`06/30/20
`06/30/20
`06/30/20
`06/30/20
`06/30/20
`06/30/20
`06/30/20
`06/30/20
`07/01/20
`07/01/20
`07/01/20
`07/01/20
`07/01/20
`07/01/20
`07/13/20
`07/14/20
`07/14/20
`07/14/20
`07/17/20
`07/17/20
`08/07/20
`08/28/20
`08/28/20
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`Weeks from
`June 18, 2020
`1
`<2
`<2
`<2
`<2
`<2
`<2
`<2
`<2
`<2
`<2
`<2
`<2
`<2
`<2
`<2
`<4
`<4
`<4
`<4
`<5
`<5
`<8
`10
`10
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`In response to the amendments submitted by Claimants, the claims administrator
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`6.
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`confirmed receipt of 24 such submissions with boilerplate confirmation emails, and sent only 1
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`response regarding timeliness, in which the claims administrator represented that it would
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`“notify [Claimant] once it is clear as to the determination of untimely submissions and whether
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`they will be allowed for consideration in the Settlements.” A copy of the June 26, 2020, email
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`from Jeremy Bailey, Epiq Project Coordinator—redacted to remove claimant identification—is
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`attached at Exhibit A.
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`2
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`Case 2:12-md-02311-SFC-RSW ECF No. 2125-1, PageID.38553 Filed 03/10/21 Page 4 of 4
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`7.
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`To date, Claimants have not received any such notification from the claims
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`administrator regarding the 25 amended submissions. Claimants first became aware of EPPs’
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`intention to reject post-deadline submissions as untimely from review of EPPs’ correspondence
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`to FRS appearing as exhibits to FRS’ Motion to Compel Acceptance and Processing of Vehicle
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`Data, filed February 17, 2021.
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`8.
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`Upon learning of EPPs’ intention, Claimants reached out to class counsel Chanler
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`Langham by email on February 24, 2021, to request a meet and confer regarding the 25 post-
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`deadline submissions. A copy of my correspondence to Mr. Langham —redacted to remove
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`claimant identification—is attached here at Exhibit B.
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`9.
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`EPPs responded with availability to meet and confer only after filing a Response
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`to FRS’ Motion on March 3, 2021. On March 5, 2021, I met by phone with class counsel
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`Chanler Langham, Jenna Farleigh, and William Reiss. During that call, class counsel indicated
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`that EPPs are inclined to treat post-deadline submissions such as Claimants’ as untimely, but
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`nonetheless invited me to provide support for the acceptance and processing of post-deadline
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`submissions as timely. A true and correct copy of my March 5, 2021, follow-up email to Messrs.
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`Langham, Ross, and Ms. Farleigh providing that support is attached here at Exhibit C.
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`10.
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`Claimants and EPPs were unable to reach resolution, forcing Claimants to
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`preserve their claims in this action by filing the instant Reply Memorandum.
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` certify under penalty of perjury that the foregoing is true and correct.
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` I
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`Executed this 10th day of March, 2021, in Washington, DC.
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`By: /s/ Emma K. Burton
`Emma K. Burton
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`3
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